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ELEKTA RECIEVES FAVORABLE RULING IN US PATENT DISPUTE
On Monday, September 22, 2003 the United States Court of Appeals for the
Federal Circuit vacated the $24 million September 10, 2002 judgment
entered against Elekta after a trial in the United States District Court
for the Southern District of California.
The appeals court's decision absolves Elekta of all liability.
The trial court had ruled that certain Elekta software products
infringed two US patents held by Medical Instrumentation and Diagnostics
The appeals court ruled that the District Court had erred because none
of the Elekta products infringed the Midco patents. The appeals court
remanded with instructions that the trial court enter judgment in favor
of Elekta with respect to all products.
The appeals court also ruled that the trial court erred when it
dismissed Elekta's defense of invalidity and that Elekta had offered
sufficient evidence that the patents were invalid. The court remanded
the issue of invalidity to the trial court, where, if Elekta chooses, it
may still have the opportunity to invalidate Midco's patents.
Midco may, within ten days, petition the Federal Circuit for
reconsideration of the decision. Midco may also file a petition for
certiorari with the United States Supreme Court. Grant of either remedy
The full opinion of the court can be found at
www.fedcir.gov/dailylog.html, docket no. 03-1032.